ENROLLED
       2011 Legislature                          SB 2106, 1st Engrossed
       
       
       
       
       
       
                                                             20112106er
    1  
    2         An act relating to the Florida Energy and Climate
    3         Commission; transferring the duties of the Florida
    4         Energy and Climate Commission with respect to planning
    5         and developing the state’s energy policy and its
    6         duties under the Florida Energy and Climate Protection
    7         Act to the Department of Agriculture and Consumer
    8         Services; providing for the transfer of the
    9         commission’s duties and records, personnel, property,
   10         unexpended balances of appropriations, allocations,
   11         and other funds, administrative authority,
   12         administrative rules, pending issues, and existing
   13         contracts to the Department of Agriculture and
   14         Consumer Services; amending ss. 213.053, 220.192,
   15         288.1089, 288.9607, 366.82, 366.92, 377.6015, 377.602,
   16         377.603, 377.604, 377.605, 377.606, and 377.608, F.S.;
   17         eliminating the Florida Energy and Climate Commission
   18         and transferring its duties to the Department of
   19         Agriculture and Consumer Services; conforming
   20         provisions to changes made by the act; amending s.
   21         377.701, F.S.; transferring the duties of petroleum
   22         allocation from the Florida Energy and Climate
   23         Commission to the Division of Emergency Management;
   24         amending s. 377.703, F.S.; conforming provisions to
   25         changes made by the act; transferring energy emergency
   26         contingency plans to the Division of Emergency
   27         Management; providing for the Department of Management
   28         Services to coordinate the energy conservation
   29         programs of all state agencies; transferring
   30         administration of the Coastal Energy Impact Program to
   31         the Department of Environmental Protection; amending
   32         ss. 377.711, 377.801, 377.803, 377.804, 377.806,
   33         377.807, 377.808, 377.809, 403.44, 526.207, 570.954,
   34         and 1004.648, F.S.; conforming provisions to changes
   35         made by the act; amending s. 570.074, F.S.; providing
   36         for the creation of the Office of Energy and Water
   37         within the Department of Agriculture and Consumer
   38         Services; amending ss. 1 and 2 of chapter 2010-282,
   39         Laws of Florida; conforming cross references in the
   40         chapter to changes made in the act; authorizing the
   41         Department of Agriculture to submit a request to the
   42         Legislative Budget Commission for a fixed capital
   43         outlay appropriation for federal energy grants;
   44         providing an effective date.
   45  
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. The powers, duties, functions, records,
   49  personnel, property, pending issues and existing contracts,
   50  administrative authority, administrative rules, and unexpended
   51  balances of appropriations, allocations, and other funds of the
   52  Florida Energy and Climate Commission within the Executive
   53  Office of the Governor are transferred by a type two transfer,
   54  as defined in s. 20.06(2), Florida Statutes, to the Department
   55  of Agriculture and Consumer Services.
   56         Section 2. Paragraph (y) of subsection (8) of section
   57  213.053, Florida Statutes, is amended to read:
   58         213.053 Confidentiality and information sharing.—
   59         (8) Notwithstanding any other provision of this section,
   60  the department may provide:
   61         (y) Information relative to ss. 212.08(7)(ccc) and 220.192
   62  to the Department of Agriculture and Consumer Services Florida
   63  Energy and Climate Commission for use in the conduct of its
   64  official business.
   65  
   66  Disclosure of information under this subsection shall be
   67  pursuant to a written agreement between the executive director
   68  and the agency. Such agencies, governmental or nongovernmental,
   69  shall be bound by the same requirements of confidentiality as
   70  the Department of Revenue. Breach of confidentiality is a
   71  misdemeanor of the first degree, punishable as provided by s.
   72  775.082 or s. 775.083.
   73         Section 3. Subsections (3), (4), (5), and (8) and paragraph
   74  (b) of subsection (6) of section 220.192, Florida Statutes, are
   75  amended to read:
   76         220.192 Renewable energy technologies investment tax
   77  credit.—
   78         (3) CORPORATE APPLICATION PROCESS.—Any corporation wishing
   79  to obtain tax credits available under this section must submit
   80  to the Department of Agriculture and Consumer Services Florida
   81  Energy and Climate Commission an application for tax credit that
   82  includes a complete description of all eligible costs for which
   83  the corporation is seeking a credit and a description of the
   84  total amount of credits sought. The Department of Agriculture
   85  and Consumer Services Florida Energy and Climate Commission
   86  shall make a determination on the eligibility of the applicant
   87  for the credits sought and certify the determination to the
   88  applicant and the Department of Revenue. The corporation must
   89  attach the Department of Agriculture and Consumer Services’
   90  Florida Energy and Climate Commission’s certification to the tax
   91  return on which the credit is claimed. The Department of
   92  Agriculture and Consumer Services is Florida Energy and Climate
   93  Commission shall be responsible for ensuring that the corporate
   94  income tax credits granted in each fiscal year do not exceed the
   95  limits provided for in this section. The Department of
   96  Agriculture and Consumer Services may Florida Energy and Climate
   97  Commission is authorized to adopt the necessary rules,
   98  guidelines, and forms application materials for the application
   99  process.
  100         (4) TAXPAYER APPLICATION PROCESS.—To claim a credit under
  101  this section, each taxpayer must apply to the Department of
  102  Agriculture and Consumer Services Florida Energy and Climate
  103  Commission for an allocation of each type of annual credit by
  104  the date established by the Department of Agriculture and
  105  Consumer Services Florida Energy and Climate Commission. The
  106  application form adopted may be established by the Department of
  107  Agriculture and Consumer Services Florida Energy and Climate
  108  Commission. The form must include an affidavit from each
  109  taxpayer certifying that all information contained in the
  110  application, including all records of eligible costs claimed as
  111  the basis for the tax credit, are true and correct. Approval of
  112  the credits under this section is shall be accomplished on a
  113  first-come, first-served basis, based upon the date complete
  114  applications are received by the Department of Agriculture and
  115  Consumer Services Florida Energy and Climate Commission. A
  116  taxpayer must shall submit only one complete application based
  117  upon eligible costs incurred within a particular state fiscal
  118  year. Incomplete placeholder applications will not be accepted
  119  and will not secure a place in the first-come, first-served
  120  application line. If a taxpayer does not receive a tax credit
  121  allocation due to the exhaustion of the annual tax credit
  122  authorizations, then such taxpayer may reapply in the following
  123  year for those eligible costs and will have priority over other
  124  applicants for the allocation of credits.
  125         (5) ADMINISTRATION; AUDIT AUTHORITY; RECAPTURE OF CREDITS.—
  126         (a) In addition to its existing audit and investigation
  127  authority, the Department of Revenue may perform any additional
  128  financial and technical audits and investigations, including
  129  examining the accounts, books, and records of the tax credit
  130  applicant, which are necessary to verify the eligible costs
  131  included in the tax credit return and to ensure compliance with
  132  this section. The Department of Agriculture and Consumer
  133  Services Florida Energy and Climate Commission shall provide
  134  technical assistance when requested by the Department of Revenue
  135  on any technical audits or examinations performed pursuant to
  136  this section.
  137         (b) It is grounds for forfeiture of previously claimed and
  138  received tax credits if the Department of Revenue determines, as
  139  a result of an audit or examination or from information received
  140  from the Department of Agriculture and Consumer Services Florida
  141  Energy and Climate Commission, that a taxpayer received tax
  142  credits pursuant to this section to which the taxpayer was not
  143  entitled. The taxpayer is responsible for returning forfeited
  144  tax credits to the Department of Revenue, and such funds shall
  145  be paid into the General Revenue Fund of the state.
  146         (c) The Department of Agriculture and Consumer Services
  147  Florida Energy and Climate Commission may revoke or modify any
  148  written decision granting eligibility for tax credits under this
  149  section if it is discovered that the tax credit applicant
  150  submitted any false statement, representation, or certification
  151  in any application, record, report, plan, or other document
  152  filed in an attempt to receive tax credits under this section.
  153  The Department of Agriculture and Consumer Services Florida
  154  Energy and Climate Commission shall immediately notify the
  155  Department of Revenue of any revoked or modified orders
  156  affecting previously granted tax credits. Additionally, the
  157  taxpayer must notify the Department of Revenue of any change in
  158  its tax credit claimed.
  159         (d) The taxpayer shall file with the Department of Revenue
  160  an amended return or such other report as the Department of
  161  Revenue prescribes by rule and shall pay any required tax and
  162  interest within 60 days after the taxpayer receives notification
  163  from the Department of Agriculture and Consumer Services Florida
  164  Energy and Climate Commission that previously approved tax
  165  credits have been revoked or modified. If the revocation or
  166  modification order is contested, the taxpayer shall file an
  167  amended return or other report as provided in this paragraph
  168  within 60 days after a final order is issued after proceedings.
  169         (e) A notice of deficiency may be issued by the Department
  170  of Revenue at any time within 3 years after the taxpayer
  171  receives formal notification from the Department of Agriculture
  172  and Consumer Services Florida Energy and Climate Commission that
  173  previously approved tax credits have been revoked or modified.
  174  If a taxpayer fails to notify the Department of Revenue of any
  175  changes to its tax credit claimed, a notice of deficiency may be
  176  issued at any time.
  177         (6) TRANSFERABILITY OF CREDIT.—
  178         (b) To perfect the transfer, the transferor shall provide
  179  the Department of Revenue with a written transfer statement
  180  notifying the Department of Revenue of the transferor’s intent
  181  to transfer the tax credits to the transferee; the date the
  182  transfer is effective; the transferee’s name, address, and
  183  federal taxpayer identification number; the tax period; and the
  184  amount of tax credits to be transferred. The Department of
  185  Revenue shall, upon receipt of a transfer statement conforming
  186  to the requirements of this section, provide the transferee with
  187  a certificate reflecting the tax credit amounts transferred. A
  188  copy of the certificate must be attached to each tax return for
  189  which the transferee seeks to apply such tax credits.
  190         (8) PUBLICATION.—The Department of Agriculture and Consumer
  191  Services Florida Energy and Climate Commission shall determine
  192  and publish on a regular basis the amount of available tax
  193  credits remaining in each fiscal year.
  194         Section 4. Paragraphs (d) and (e) of subsection (2) and
  195  subsection (5) of section 288.1089, Florida Statutes, are
  196  amended to read:
  197         288.1089 Innovation Incentive Program.—
  198         (2) As used in this section, the term:
  199         (d) “Commission” means the Florida Energy and Climate
  200  Commission.
  201         (d)(e) “Cumulative investment” means cumulative capital
  202  investment and all eligible capital costs, as defined in s.
  203  220.191.
  204         (e) “Department” means the Department of Agriculture and
  205  Consumer Services.
  206         (5) Enterprise Florida, Inc., shall evaluate proposals for
  207  all three categories of innovation incentive awards and transmit
  208  recommendations for awards to the office. Before making its
  209  recommendations on alternative and renewable energy projects,
  210  Enterprise Florida, Inc., shall solicit comments and
  211  recommendations from the department Florida Energy and Climate
  212  Commission. For each project, the evaluation and recommendation
  213  to the office must include, but need not be limited to:
  214         (a) A description of the project, its required facilities,
  215  and the associated product, service, or research and development
  216  associated with the project.
  217         (b) The percentage of match provided for the project.
  218         (c) The number of full-time equivalent jobs that will be
  219  created by the project, the total estimated average annual wages
  220  of such jobs, and the types of business activities and jobs
  221  likely to be stimulated by the project.
  222         (d) The cumulative investment to be dedicated to the
  223  project within 5 years and the total investment expected in the
  224  project if more than 5 years.
  225         (e) The projected economic and fiscal impacts on the local
  226  and state economies relative to investment.
  227         (f) A statement of any special impacts the project is
  228  expected to stimulate in a particular business sector in the
  229  state or regional economy or in the state’s universities and
  230  community colleges.
  231         (g) A statement of any anticipated or proposed
  232  relationships with state universities.
  233         (h) A statement of the role the incentive is expected to
  234  play in the decision of the applicant to locate or expand in
  235  this state.
  236         (i) A recommendation and explanation of the amount of the
  237  award needed to cause the applicant to expand or locate in this
  238  state.
  239         (j) A discussion of the efforts and commitments made by the
  240  local community in which the project is to be located to induce
  241  the applicant’s location or expansion, taking into consideration
  242  local resources and abilities.
  243         (k) A recommendation for specific performance criteria the
  244  applicant would be expected to achieve in order to receive
  245  payments from the fund and penalties or sanctions for failure to
  246  meet or maintain performance conditions.
  247         (l) Additional evaluative criteria for a research and
  248  development facility project, including:
  249         1. A description of the extent to which the project has the
  250  potential to serve as catalyst for an emerging or evolving
  251  cluster.
  252         2. A description of the extent to which the project has or
  253  could have a long-term collaborative research and development
  254  relationship with one or more universities or community colleges
  255  in this state.
  256         3. A description of the existing or projected impact of the
  257  project on established clusters or targeted industry sectors.
  258         4. A description of the project’s contribution to the
  259  diversity and resiliency of the innovation economy of this
  260  state.
  261         5. A description of the project’s impact on special needs
  262  communities, including, but not limited to, rural areas,
  263  distressed urban areas, and enterprise zones.
  264         (m) Additional evaluative criteria for alternative and
  265  renewable energy proposals, including:
  266         1. The availability of matching funds or other in-kind
  267  contributions applied to the total project from an applicant.
  268  The department commission shall give greater preference to
  269  projects that provide such matching funds or other in-kind
  270  contributions.
  271         2. The degree to which the project stimulates in-state
  272  capital investment and economic development in metropolitan and
  273  rural areas, including the creation of jobs and the future
  274  development of a commercial market for renewable energy
  275  technologies.
  276         3. The extent to which the proposed project has been
  277  demonstrated to be technically feasible based on pilot project
  278  demonstrations, laboratory testing, scientific modeling, or
  279  engineering or chemical theory that supports the proposal.
  280         4. The degree to which the project incorporates an
  281  innovative new technology or an innovative application of an
  282  existing technology.
  283         5. The degree to which a project generates thermal,
  284  mechanical, or electrical energy by means of a renewable energy
  285  resource that has substantial long-term production potential.
  286         6. The degree to which a project demonstrates efficient use
  287  of energy and material resources.
  288         7. The degree to which the project fosters overall
  289  understanding and appreciation of renewable energy technologies.
  290         8. The ability to administer a complete project.
  291         9. Project duration and timeline for expenditures.
  292         10. The geographic area in which the project is to be
  293  conducted in relation to other projects.
  294         11. The degree of public visibility and interaction.
  295         Section 5. Subsection (9) of section 288.9607, Florida
  296  Statutes, is amended to read:
  297         288.9607 Guaranty of bond issues.—
  298         (9) The membership of the corporation is authorized and
  299  directed to conduct such investigation as it may deem necessary
  300  for promulgation of regulations to govern the operation of the
  301  guaranty program authorized by this section. The regulations may
  302  include such other additional provisions, restrictions, and
  303  conditions as the corporation, after its investigation referred
  304  to in this subsection, shall determine to be proper to achieve
  305  the most effective utilization of the guaranty program. This may
  306  include, without limitation, a detailing of the remedies that
  307  must be exhausted by bondholders, a trustee acting on their
  308  behalf, or other credit provided before calling upon the
  309  corporation to perform under its guaranty agreement and the
  310  subrogation of other rights of the corporation with reference to
  311  the capital project and its operation or the financing in the
  312  event the corporation makes payment pursuant to the applicable
  313  guaranty agreement. The regulations promulgated by the
  314  corporation to govern the operation of the guaranty program may
  315  contain specific provisions with respect to the rights of the
  316  corporation to enter, take over, and manage all financed
  317  properties upon default. These regulations shall be submitted by
  318  the corporation to the Department of Agriculture and Consumer
  319  Services Florida Energy and Climate Commission for approval.
  320         Section 6. Subsection (5) of section 366.82, Florida
  321  Statutes, is amended to read:
  322         366.82 Definition; goals; plans; programs; annual reports;
  323  energy audits.—
  324         (5) The Department of Agriculture and Consumer Services
  325  Florida Energy and Climate Commission shall be a party in the
  326  proceedings to adopt goals and shall file with the commission
  327  comments on the proposed goals, including, but not limited to:
  328         (a) An evaluation of utility load forecasts, including an
  329  assessment of alternative supply-side and demand-side resource
  330  options.
  331         (b) An analysis of various policy options that can be
  332  implemented to achieve a least-cost strategy, including
  333  nonutility programs targeted at reducing and controlling the per
  334  capita use of electricity in the state.
  335         (c) An analysis of the impact of state and local building
  336  codes and appliance efficiency standards on the need for
  337  utility-sponsored conservation and energy efficiency measures
  338  and programs.
  339         Section 7. Subsection (3) of section 366.92, Florida
  340  Statutes, is amended to read:
  341         366.92 Florida renewable energy policy.—
  342         (3) The commission shall adopt rules for a renewable
  343  portfolio standard requiring each provider to supply renewable
  344  energy to its customers directly, by procuring, or through
  345  renewable energy credits. In developing the RPS rule, the
  346  commission shall consult the Department of Environmental
  347  Protection and the Department of Agriculture and Consumer
  348  Services Florida Energy and Climate Commission. The rule shall
  349  not be implemented until ratified by the Legislature. The
  350  commission shall present a draft rule for legislative
  351  consideration by February 1, 2009.
  352         (a) In developing the rule, the commission shall evaluate
  353  the current and forecasted levelized cost in cents per kilowatt
  354  hour through 2020 and current and forecasted installed capacity
  355  in kilowatts for each renewable energy generation method through
  356  2020.
  357         (b) The commission’s rule:
  358         1. Shall include methods of managing the cost of compliance
  359  with the renewable portfolio standard, whether through direct
  360  supply or procurement of renewable power or through the purchase
  361  of renewable energy credits. The commission shall have
  362  rulemaking authority for providing annual cost recovery and
  363  incentive-based adjustments to authorized rates of return on
  364  common equity to providers to incentivize renewable energy.
  365  Notwithstanding s. 366.91(3) and (4), upon the ratification of
  366  the rules developed pursuant to this subsection, the commission
  367  may approve projects and power sales agreements with renewable
  368  power producers and the sale of renewable energy credits needed
  369  to comply with the renewable portfolio standard. In the event of
  370  any conflict, this subparagraph shall supersede s. 366.91(3) and
  371  (4). However, nothing in this section shall alter the obligation
  372  of each public utility to continuously offer a purchase contract
  373  to producers of renewable energy.
  374         2. Shall provide for appropriate compliance measures and
  375  the conditions under which noncompliance shall be excused due to
  376  a determination by the commission that the supply of renewable
  377  energy or renewable energy credits was not adequate to satisfy
  378  the demand for such energy or that the cost of securing
  379  renewable energy or renewable energy credits was cost
  380  prohibitive.
  381         3. May provide added weight to energy provided by wind and
  382  solar photovoltaic over other forms of renewable energy, whether
  383  directly supplied or procured or indirectly obtained through the
  384  purchase of renewable energy credits.
  385         4. Shall determine an appropriate period of time for which
  386  renewable energy credits may be used for purposes of compliance
  387  with the renewable portfolio standard.
  388         5. Shall provide for monitoring of compliance with and
  389  enforcement of the requirements of this section.
  390         6. Shall ensure that energy credited toward compliance with
  391  the requirements of this section is not credited toward any
  392  other purpose.
  393         7. Shall include procedures to track and account for
  394  renewable energy credits, including ownership of renewable
  395  energy credits that are derived from a customer-owned renewable
  396  energy facility as a result of any action by a customer of an
  397  electric power supplier that is independent of a program
  398  sponsored by the electric power supplier.
  399         8. Shall provide for the conditions and options for the
  400  repeal or alteration of the rule in the event that new
  401  provisions of federal law supplant or conflict with the rule.
  402         (c) Beginning on April 1 of the year following final
  403  adoption of the commission’s renewable portfolio standard rule,
  404  each provider shall submit a report to the commission describing
  405  the steps that have been taken in the previous year and the
  406  steps that will be taken in the future to add renewable energy
  407  to the provider’s energy supply portfolio. The report shall
  408  state whether the provider was in compliance with the renewable
  409  portfolio standard during the previous year and how it will
  410  comply with the renewable portfolio standard in the upcoming
  411  year.
  412         Section 8. Section 377.6015, Florida Statutes, is amended
  413  to read:
  414         377.6015 Department of Agriculture and Consumer Services;
  415  powers and duties Florida Energy and Climate Commission.—
  416         (1) The Florida Energy and Climate Commission is created
  417  within the Executive Office of the Governor. The commission
  418  shall be comprised of nine members appointed by the Governor,
  419  the Commissioner of Agriculture, and the Chief Financial
  420  Officer.
  421         (a) The Governor shall appoint one member from three
  422  persons nominated by the Florida Public Service Commission
  423  Nominating Council, created in s. 350.031, to each of seven
  424  seats on the commission. The Commissioner of Agriculture shall
  425  appoint one member from three persons nominated by the council
  426  to one seat on the commission. The Chief Financial Officer shall
  427  appoint one member from three persons nominated by the council
  428  to one seat on the commission.
  429         1. The council shall submit the recommendations to the
  430  Governor, the Commissioner of Agriculture, and the Chief
  431  Financial Officer by September 1 of those years in which the
  432  terms are to begin the following October or within 60 days after
  433  a vacancy occurs for any reason other than the expiration of the
  434  term. The Governor, the Commissioner of Agriculture, and the
  435  Chief Financial Officer may proffer names of persons to be
  436  considered for nomination by the council.
  437         2. The Governor, the Commissioner of Agriculture, and the
  438  Chief Financial Officer shall fill a vacancy occurring on the
  439  commission by appointment of one of the applicants nominated by
  440  the council only after a background investigation of such
  441  applicant has been conducted by the Department of Law
  442  Enforcement.
  443         3. Members shall be appointed to 3-year terms; however, in
  444  order to establish staggered terms, for the initial
  445  appointments, the Governor shall appoint four members to 3-year
  446  terms, two members to 2-year terms, and one member to a 1-year
  447  term, and the Commissioner of Agriculture and the Chief
  448  Financial Officer shall each appoint one member to a 3-year term
  449  and shall appoint a successor when that appointee’s term expires
  450  in the same manner as the original appointment.
  451         4. The Governor shall select from the membership of the
  452  commission one person to serve as chair.
  453         5. A vacancy on the commission shall be filled for the
  454  unexpired portion of the term in the same manner as the original
  455  appointment.
  456         6. If the Governor, the Commissioner of Agriculture, or the
  457  Chief Financial Officer has not made an appointment within 30
  458  consecutive calendar days after the receipt of the
  459  recommendations, the council shall initiate, in accordance with
  460  this section, the nominating process within 30 days.
  461         7. Each appointment to the commission shall be subject to
  462  confirmation by the Senate during the next regular session after
  463  the vacancy occurs. If the Senate refuses to confirm or fails to
  464  consider the appointment of the Governor, the Commissioner of
  465  Agriculture, or the Chief Financial Officer, the council shall
  466  initiate, in accordance with this section, the nominating
  467  process within 30 days.
  468         8. The Governor or the Governor’s successor may recall an
  469  appointee.
  470         9. Notwithstanding subparagraph 7. and for the initial
  471  appointments to the commission only, each initial appointment to
  472  the commission is subject to confirmation by the Senate by the
  473  2010 Regular Session. If the Senate refuses to confirm or fails
  474  to consider an appointment made by the Governor, the
  475  Commissioner of Agriculture, or the Chief Financial Officer, the
  476  council shall initiate, in accordance with this section, the
  477  nominating process within 30 days after the Senate’s refusal to
  478  confirm or failure to consider such appointment. This
  479  subparagraph expires July 1, 2010.
  480         (b) Members must meet the following qualifications and
  481  restrictions:
  482         1. A member must be an expert in one or more of the
  483  following fields: energy, natural resource conservation,
  484  economics, engineering, finance, law, transportation and land
  485  use, consumer protection, state energy policy, or another field
  486  substantially related to the duties and functions of the
  487  commission. The commission shall fairly represent the fields
  488  specified in this subparagraph.
  489         2. Each member shall, at the time of appointment and at
  490  each commission meeting during his or her term of office,
  491  disclose:
  492         a. Whether he or she has any financial interest, other than
  493  ownership of shares in a mutual fund, in any business entity
  494  that, directly or indirectly, owns or controls, or is an
  495  affiliate or subsidiary of, any business entity that may be
  496  affected by the policy recommendations developed by the
  497  commission.
  498         b. Whether he or she is employed by or is engaged in any
  499  business activity with any business entity that, directly or
  500  indirectly, owns or controls, or is an affiliate or subsidiary
  501  of, any business entity that may be affected by the policy
  502  recommendations developed by the commission.
  503         (c) The chair may designate the following ex officio,
  504  nonvoting members to provide information and advice to the
  505  commission at the request of the chair:
  506         1. The chair of the Florida Public Service Commission, or
  507  his or her designee.
  508         2. The Public Counsel, or his or her designee.
  509         3. A representative of the Department of Agriculture and
  510  Consumer Services.
  511         4. A representative of the Department of Financial
  512  Services.
  513         5. A representative of the Department of Environmental
  514  Protection.
  515         6. A representative of the Department of Community Affairs.
  516         7. A representative of the Board of Governors of the State
  517  University System.
  518         8. A representative of the Department of Transportation.
  519         (2) Members shall serve without compensation but are
  520  entitled to reimbursement for per diem and travel expenses as
  521  provided in s. 112.061.
  522         (3) Meetings of the commission may be held in various
  523  locations around the state and at the call of the chair;
  524  however, the commission must meet at least six times each year.
  525         (1)(4) The department commission may:
  526         (a) Employ staff and counsel as needed in the performance
  527  of its duties.
  528         (b) Prosecute and defend legal actions in its own name.
  529         (c) Form advisory groups consisting of members of the
  530  public to provide information on specific issues.
  531         (2)(5) The department commission shall:
  532         (a) Administer the Florida Renewable Energy and Energy
  533  Efficient Technologies Grants Program pursuant to s. 377.804 to
  534  assure a robust grant portfolio.
  535         (b) Develop policy for requiring grantees to provide
  536  royalty-sharing or licensing agreements with state government
  537  for commercialized products developed under a state grant.
  538         (c) Administer the Florida Green Government Grants Act
  539  pursuant to s. 377.808 and set annual priorities for grants.
  540         (d) Administer the information gathering and reporting
  541  functions pursuant to ss. 377.601-377.608.
  542         (e) Administer petroleum planning and emergency contingency
  543  planning pursuant to ss. 377.701, 377.703, and 377.704.
  544         (e)(f) Represent Florida in the Southern States Energy
  545  Compact pursuant to ss. 377.71-377.712.
  546         (g) Complete the annual assessment of the efficacy of
  547  Florida’s Energy and Climate Change Action Plan, upon completion
  548  by the Governor’s Action Team on Energy and Climate Change
  549  pursuant to the Governor’s Executive Order 2007-128, and provide
  550  specific recommendations to the Governor and the Legislature
  551  each year to improve results.
  552         (f)(h) Administer the provisions of the Florida Energy and
  553  Climate Protection Act pursuant to ss. 377.801-377.807 377.801
  554  377.806.
  555         (g)(i) Advocate for energy and climate change issues and
  556  provide educational outreach and technical assistance in
  557  cooperation with the state’s academic institutions.
  558         (h)(j) Be a party in the proceedings to adopt goals and
  559  submit comments to the Public Service Commission pursuant to s.
  560  366.82.
  561         (i)(k) Adopt rules pursuant to chapter 120 in order to
  562  implement all powers and duties described in this section.
  563         Section 9. Subsection (1) and paragraphs (a) and (b) of
  564  subsection (2) of section 377.602, Florida Statutes, are amended
  565  to read:
  566         377.602 Definitions.—As used in ss. 377.601-377.608:
  567         (1) “Department” “Commission” means the Department of
  568  Agriculture and Consumer Services Florida Energy and Climate
  569  Commission.
  570         (2) “Energy resources” includes, but shall not be limited
  571  to:
  572         (a) Energy converted from solar radiation, wind, hydraulic
  573  potential, tidal movements, biomass, geothermal sources, and
  574  other energy resources the department commission determines to
  575  be important to the production or supply of energy.
  576         (b) Propane, butane, motor gasoline, kerosene, home heating
  577  oil, diesel fuel, other middle distillates, aviation gasoline,
  578  kerosene-type jet fuel, naphtha-type jet fuel, residual fuels,
  579  crude oil, and other petroleum products and hydrocarbons as may
  580  be determined by the department commission to be of importance.
  581         Section 10. Section 377.603, Florida Statutes, is amended
  582  to read:
  583         377.603 Energy data collection; powers and duties of the
  584  department commission.—
  585         (1) The department commission may collect data on the
  586  extraction, production, importation, exportation, refinement,
  587  transportation, transmission, conversion, storage, sale, or
  588  reserves of energy resources in this state in an efficient and
  589  expeditious manner.
  590         (2) The department commission may prepare periodic reports
  591  of energy data it collects.
  592         (3) The department commission may adopt and promulgate such
  593  rules and regulations as are necessary to carry out the
  594  provisions of ss. 377.601-377.608. Such rules shall be pursuant
  595  to chapter 120.
  596         (4) The department commission shall maintain internal
  597  validation procedures to assure the accuracy of information
  598  received.
  599         Section 11. Section 377.604, Florida Statutes, is amended
  600  to read:
  601         377.604 Required reports.—Every person who produces,
  602  imports, exports, refines, transports, transmits, converts,
  603  stores, sells, or holds known reserves of any form of energy
  604  resources used as fuel shall report to the department
  605  commission, at the request of and in a manner prescribed by the
  606  department commission, on forms provided by the department
  607  commission. Such forms shall be designed in such a manner as to
  608  indicate:
  609         (1) The identity of the person or persons making the
  610  report.
  611         (2) The quantity of energy resources extracted, produced,
  612  imported, exported, refined, transported, transmitted,
  613  converted, stored, or sold except at retail.
  614         (3) The quantity of energy resources known to be held in
  615  reserve in the state.
  616         (4) The identity of each refinery from which petroleum
  617  products have normally been obtained and the type and quantity
  618  of products secured from that refinery for sale or resale in
  619  this state.
  620         (5) Any other information which the department commission
  621  deems proper pursuant to the intent of ss. 377.601-377.608.
  622         Section 12. Section 377.605, Florida Statutes, is amended
  623  to read:
  624         377.605 Use of existing information.—The department
  625  commission may utilize to the fullest extent possible any
  626  existing energy information already prepared for state or
  627  federal agencies. Every state, county, and municipal agency
  628  shall cooperate with the department commission and shall submit
  629  any information on energy to the department commission upon
  630  request.
  631         Section 13. Section 377.606, Florida Statutes, is amended
  632  to read:
  633         377.606 Records of the department commission; limits of
  634  confidentiality.—The information or records of individual
  635  persons, as defined in this section, obtained by the department
  636  commission as a result of a report, investigation, or
  637  verification required by the department commission shall be open
  638  to the public, except such information the disclosure of which
  639  would be likely to cause substantial harm to the competitive
  640  position of the person providing such information and which is
  641  requested to be held confidential by the person providing such
  642  information. Such proprietary information is confidential and
  643  exempt from the provisions of s. 119.07(1). Information reported
  644  by entities other than the department commission in documents or
  645  reports open to public inspection shall under no circumstances
  646  be classified as confidential by the department commission.
  647  Divulgence of proprietary information as is requested to be held
  648  confidential, except upon order of a court of competent
  649  jurisdiction or except to an officer of the state entitled to
  650  receive the same in his or her official capacity, shall be a
  651  misdemeanor of the second degree, punishable as provided in ss.
  652  775.082 and 775.083. Nothing in This section does not shall be
  653  construed to prohibit the publication or divulgence by other
  654  means of data so classified as to prevent identification of
  655  particular accounts or reports made to the department commission
  656  in compliance with s. 377.603 or to prohibit the disclosure of
  657  such information to properly qualified legislative committees.
  658  The department commission shall establish a system which permits
  659  reasonable access to information developed.
  660         Section 14. Section 377.608, Florida Statutes, is amended
  661  to read:
  662         377.608 Prosecution of cases by state attorney.—The state
  663  attorney shall prosecute all cases certified to him or her for
  664  prosecution by the department commission immediately upon
  665  receipt of the evidence transmitted by the department
  666  commission, or as soon thereafter as practicable.
  667         Section 15. Subsections (1), (2), and (3) of section
  668  377.701, Florida Statutes, are amended to read:
  669         377.701 Petroleum allocation.—
  670         (1) The Division of Emergency Management Florida Energy and
  671  Climate Commission shall assume the state’s role in petroleum
  672  allocation and conservation, including the development of a fair
  673  and equitable petroleum plan. The Division of Emergency
  674  Management commission shall constitute the responsible state
  675  agency for performing the functions of any federal program
  676  delegated to the state, which relates to petroleum supply,
  677  demand, and allocation.
  678         (2) The Division of Emergency Management commission shall,
  679  in addition to assuming the duties and responsibilities provided
  680  by subsection (1), perform the following:
  681         (a) In projecting available supplies of petroleum,
  682  coordinate with the Department of Revenue to secure information
  683  necessary to assure the sufficiency and accuracy of data
  684  submitted by persons affected by any federal fuel allocation
  685  program.
  686         (b) Require such periodic reports from public and private
  687  sources as may be necessary to the fulfillment of its
  688  responsibilities under this act. Such reports may include:
  689  petroleum use; all sales, including end-user sales, except
  690  retail gasoline and retail fuel oil sales; inventories; expected
  691  supplies and allocations; and petroleum conservation measures.
  692         (c) In cooperation with the Department of Revenue and other
  693  relevant state agencies, provide for long-range studies
  694  regarding the usage of petroleum in the state in order to:
  695         1. Comprehend the consumption of petroleum resources.
  696         2. Predict future petroleum demands in relation to
  697  available resources.
  698         3. Report the results of such studies to the Legislature.
  699         (3) For the purpose of determining accuracy of data, all
  700  state agencies shall timely provide the Division of Emergency
  701  Management commission with petroleum-use information in a format
  702  suitable to the needs of the allocation program.
  703         Section 16. Section 377.703, Florida Statutes, is amended
  704  to read:
  705         377.703 Additional functions of the Department of
  706  Agriculture and Consumer Services Florida Energy and Climate
  707  Commission.—
  708         (1) LEGISLATIVE INTENT.—Recognizing that energy supply and
  709  demand questions have become a major area of concern to the
  710  state which must be dealt with by effective and well-coordinated
  711  state action, it is the intent of the Legislature to promote the
  712  efficient, effective, and economical management of energy
  713  problems, centralize energy coordination responsibilities,
  714  pinpoint responsibility for conducting energy programs, and
  715  ensure the accountability of state agencies for the
  716  implementation of s. 377.601(2), the state energy policy. It is
  717  the specific intent of the Legislature that nothing in this act
  718  shall in any way change the powers, duties, and responsibilities
  719  assigned by the Florida Electrical Power Plant Siting Act, part
  720  II of chapter 403, or the powers, duties, and responsibilities
  721  of the Florida Public Service Commission.
  722         (2) FLORIDA ENERGY AND CLIMATE COMMISSION; DUTIES.—The
  723  department commission shall perform the following functions,
  724  unless as otherwise provided, consistent with the development of
  725  a state energy policy:
  726         (a) The Division of Emergency Management is responsible for
  727  the commission shall assume the responsibility for development
  728  of an energy emergency contingency plan to respond to serious
  729  shortages of primary and secondary energy sources. Upon a
  730  finding by the Governor, implementation of any emergency program
  731  shall be upon order of the Governor that a particular kind or
  732  type of fuel is, or that the occurrence of an event which is
  733  reasonably expected within 30 days will make the fuel, in short
  734  supply. The Division of Emergency Management commission shall
  735  then respond by instituting the appropriate measures of the
  736  contingency plan to meet the given emergency or energy shortage.
  737  The Governor may utilize the provisions of s. 252.36(5) to carry
  738  out any emergency actions required by a serious shortage of
  739  energy sources.
  740         (b) The department is commission shall be responsible for
  741  performing or coordinating the functions of any federal energy
  742  programs delegated to the state, including energy supply,
  743  demand, conservation, or allocation.
  744         (c) The department commission shall analyze present and
  745  proposed federal energy programs and make recommendations
  746  regarding those programs to the Governor and the Legislature.
  747         (d) The department commission shall coordinate efforts to
  748  seek federal support or other support for state energy
  749  activities, including energy conservation, research, or
  750  development, and is shall be responsible for the coordination of
  751  multiagency energy conservation programs and plans.
  752         (e) The department commission shall analyze energy data
  753  collected and prepare long-range forecasts of energy supply and
  754  demand in coordination with the Florida Public Service
  755  Commission, which is responsible shall have responsibility for
  756  electricity and natural gas forecasts. To this end, the
  757  forecasts shall contain:
  758         1. An analysis of the relationship of state economic growth
  759  and development to energy supply and demand, including the
  760  constraints to economic growth resulting from energy supply
  761  constraints.
  762         2. Plans for the development of renewable energy resources
  763  and reduction in dependence on depletable energy resources,
  764  particularly oil and natural gas, and an analysis of the extent
  765  to which renewable energy sources are being utilized in the
  766  state.
  767         3. Consideration of alternative scenarios of statewide
  768  energy supply and demand for 5, 10, and 20 years to identify
  769  strategies for long-range action, including identification of
  770  potential social, economic, and environmental effects.
  771         4. An assessment of the state’s energy resources, including
  772  examination of the availability of commercially developable and
  773  imported fuels, and an analysis of anticipated effects on the
  774  state’s environment and social services resulting from energy
  775  resource development activities or from energy supply
  776  constraints, or both.
  777         (f) The department commission shall submit an annual report
  778  to the Governor and the Legislature reflecting its activities
  779  and making recommendations of policies for improvement of the
  780  state’s response to energy supply and demand and its effect on
  781  the health, safety, and welfare of the people of Florida. The
  782  report shall include a report from the Florida Public Service
  783  Commission on electricity and natural gas and information on
  784  energy conservation programs conducted and underway in the past
  785  year and shall include recommendations for energy conservation
  786  programs for the state, including, but not limited to, the
  787  following factors:
  788         1. Formulation of specific recommendations for improvement
  789  in the efficiency of energy utilization in governmental,
  790  residential, commercial, industrial, and transportation sectors.
  791         2. Collection and dissemination of information relating to
  792  energy conservation.
  793         3. Development and conduct of educational and training
  794  programs relating to energy conservation.
  795         4. An analysis of the ways in which state agencies are
  796  seeking to implement s. 377.601(2), the state energy policy, and
  797  recommendations for better fulfilling this policy.
  798         (g) The department may commission has authority to adopt
  799  rules pursuant to ss. 120.536(1) and 120.54 to implement the
  800  provisions of this act.
  801         (h) The department commission shall promote the development
  802  and use of renewable energy resources, in conformance with the
  803  provisions of chapter 187 and s. 377.601, by:
  804         1. Establishing goals and strategies for increasing the use
  805  of solar energy in this state.
  806         2. Aiding and promoting the commercialization of solar
  807  energy technology, in cooperation with the Florida Solar Energy
  808  Center, Enterprise Florida, Inc., and any other federal, state,
  809  or local governmental agency which may seek to promote research,
  810  development, and demonstration of solar energy equipment and
  811  technology.
  812         3. Identifying barriers to greater use of solar energy
  813  systems in this state, and developing specific recommendations
  814  for overcoming identified barriers, with findings and
  815  recommendations to be submitted annually in the report to the
  816  Governor and Legislature required under paragraph (f).
  817         4. In cooperation with the Department of Environmental
  818  Protection, the Department of Transportation, the Department of
  819  Community Affairs, Enterprise Florida, Inc., the Florida Solar
  820  Energy Center, and the Florida Solar Energy Industries
  821  Association, investigating opportunities, pursuant to the
  822  National Energy Policy Act of 1992, the Housing and Community
  823  Development Act of 1992, and any subsequent federal legislation,
  824  for solar electric vehicles and other solar energy
  825  manufacturing, distribution, installation, and financing efforts
  826  which will enhance this state’s position as the leader in solar
  827  energy research, development, and use.
  828         5. Undertaking other initiatives to advance the development
  829  and use of renewable energy resources in this state.
  830  
  831  In the exercise of its responsibilities under this paragraph,
  832  the department commission shall seek the assistance of the solar
  833  energy industry in this state and other interested parties and
  834  is authorized to enter into contracts, retain professional
  835  consulting services, and expend funds appropriated by the
  836  Legislature for such purposes.
  837         (i) The department commission shall promote energy
  838  conservation in all energy use sectors throughout the state and
  839  shall constitute the state agency primarily responsible for this
  840  function. To this end, The Department of Management Services, in
  841  consultation with the department, commission shall coordinate
  842  the energy conservation programs of all state agencies and
  843  review and comment on the energy conservation programs of all
  844  state agencies.
  845         (j) The department commission shall serve as the state
  846  clearinghouse for indexing and gathering all information related
  847  to energy programs in state universities, in private
  848  universities, in federal, state, and local government agencies,
  849  and in private industry and shall prepare and distribute such
  850  information in any manner necessary to inform and advise the
  851  citizens of the state of such programs and activities. This
  852  shall include developing and maintaining a current index and
  853  profile of all research activities, which shall be identified by
  854  energy area and may include a summary of the project, the amount
  855  and sources of funding, anticipated completion dates, or, in
  856  case of completed research, conclusions, recommendations, and
  857  applicability to state government and private sector functions.
  858  The department commission shall coordinate, promote, and respond
  859  to efforts by all sectors of the economy to seek financial
  860  support for energy activities. The department commission shall
  861  provide information to consumers regarding the anticipated
  862  energy-use and energy-saving characteristics of products and
  863  services in coordination with any federal, state, or local
  864  governmental agencies as may provide such information to
  865  consumers.
  866         (k) The department commission shall coordinate energy
  867  related programs of state government, including, but not limited
  868  to, the programs provided in this section. To this end, the
  869  department commission shall:
  870         1. Provide assistance to other state agencies, counties,
  871  municipalities, and regional planning agencies to further and
  872  promote their energy planning activities.
  873         2. Require, in cooperation with the Department of
  874  Management Services, all state agencies to operate state-owned
  875  and state-leased buildings in accordance with energy
  876  conservation standards as adopted by the Department of
  877  Management Services. Every 3 months, the Department of
  878  Management Services shall furnish the department commission data
  879  on agencies’ energy consumption and emissions of greenhouse
  880  gases in a format prescribed by the department commission.
  881         3. Promote the development and use of renewable energy
  882  resources, energy efficiency technologies, and conservation
  883  measures.
  884         4. Promote the recovery of energy from wastes, including,
  885  but not limited to, the use of waste heat, the use of
  886  agricultural products as a source of energy, and recycling of
  887  manufactured products. Such promotion shall be conducted in
  888  conjunction with, and after consultation with, the Department of
  889  Environmental Protection and the Florida Public Service
  890  Commission where electrical generation or natural gas is
  891  involved, and any other relevant federal, state, or local
  892  governmental agency having responsibility for resource recovery
  893  programs.
  894         (l) The department commission shall develop, coordinate,
  895  and promote a comprehensive research plan for state programs.
  896  Such plan shall be consistent with state energy policy and shall
  897  be updated on a biennial basis.
  898         (m) In recognition of the devastation to the economy of
  899  this state and the dangers to the health and welfare of
  900  residents of this state caused by severe hurricanes, and the
  901  potential for such impacts caused by other natural disasters,
  902  the Division of Emergency Management commission shall include in
  903  its energy emergency contingency plan and provide to the Florida
  904  Building Commission for inclusion in the Florida Energy
  905  Efficiency Code for Building Construction specific provisions to
  906  facilitate the use of cost-effective solar energy technologies
  907  as emergency remedial and preventive measures for providing
  908  electric power, street lighting, and water heating service in
  909  the event of electric power outages.
  910         (3) The Department of Environmental Protection is
  911  commission shall be responsible for the administration of the
  912  Coastal Energy Impact Program provided for and described in Pub.
  913  L. No. 94-370, 16 U.S.C. s. 1456a.
  914         Section 17. Paragraph (h) of subsection (5) of section
  915  377.711, Florida Statutes, is amended to read:
  916         377.711 Florida party to Southern States Energy Compact.
  917  The Southern States Energy Compact is enacted into law and
  918  entered into by the state as a party, and is of full force and
  919  effect between the state and any other states joining therein in
  920  accordance with the terms of the compact, which compact is
  921  substantially as follows:
  922         (5) POWERS.—The board shall have the power to:
  923         (h) Recommend such changes in, or amendments or additions
  924  to, the laws, codes, rules, regulations, administrative
  925  procedures and practices, or ordinances of the party states in
  926  any of the fields of its interest and competence as in its
  927  judgment may be appropriate. Any such recommendation shall be
  928  made, in the case of Florida, through the Department of
  929  Agriculture and Consumer Services Commerce.
  930         Section 18. Section 377.801, Florida Statutes, is amended
  931  to read:
  932         377.801 Short title.—Sections 377.801-377.807 377.801
  933  377.806 may be cited as the “Florida Energy and Climate
  934  Protection Act.”
  935         Section 19. Section 377.803, Florida Statutes, is amended
  936  to read:
  937         377.803 Definitions.—As used in ss. 377.801-377.807
  938  377.801-377.806, the term:
  939         (1) “Act” means the Florida Energy and Climate Protection
  940  Act.
  941         (2) “Department” “Commission” means the Department of
  942  Agriculture and Consumer Services Florida Energy and Climate
  943  Commission.
  944         (3) “Person” means an individual, partnership, joint
  945  venture, private or public corporation, association, firm,
  946  public service company, or any other public or private entity.
  947         (4) “Renewable energy” means electrical, mechanical, or
  948  thermal energy produced from a method that uses one or more of
  949  the following fuels or energy sources: hydrogen, biomass, as
  950  defined in s. 366.91, solar energy, geothermal energy, wind
  951  energy, ocean energy, waste heat, or hydroelectric power.
  952         (5) “Renewable energy technology” means any technology that
  953  generates or utilizes a renewable energy resource.
  954         (6) “Solar energy system” means equipment that provides for
  955  the collection and use of incident solar energy for water
  956  heating, space heating or cooling, or other applications that
  957  would normally require a conventional source of energy such as
  958  petroleum products, natural gas, or electricity that performs
  959  primarily with solar energy. In other systems in which solar
  960  energy is used in a supplemental way, only those components that
  961  collect and transfer solar energy shall be included in this
  962  definition.
  963         (7) “Solar photovoltaic system” means a device that
  964  converts incident sunlight into electrical current.
  965         (8) “Solar thermal system” means a device that traps heat
  966  from incident sunlight in order to heat water.
  967         Section 20. Subsection (1), paragraph (f) of subsection
  968  (2), and subsections (3) through (6) of section 377.804, Florida
  969  Statutes, are amended to read:
  970         377.804 Renewable Energy and Energy-Efficient Technologies
  971  Grants Program.—
  972         (1) The Renewable Energy and Energy-Efficient Technologies
  973  Grants Program is established within the department commission
  974  to provide renewable energy matching grants for demonstration,
  975  commercialization, research, and development projects relating
  976  to renewable energy technologies and innovative technologies
  977  that significantly increase energy efficiency for vehicles and
  978  commercial buildings.
  979         (2) Matching grants for projects described in subsection
  980  (1) may be made to any of the following:
  981         (f) Other qualified persons, as determined by the
  982  department commission.
  983         (3) The department commission may adopt rules pursuant to
  984  ss. 120.536(1) and 120.54 to provide for application
  985  requirements, provide for ranking of applications, and
  986  administer the awarding of grants under this program.
  987         (4) Factors the department commission shall consider in
  988  awarding grants include, but are not limited to:
  989         (a) The availability of matching funds or other in-kind
  990  contributions applied to the total project from an applicant.
  991  The department commission shall give greater preference to
  992  projects that provide such matching funds or other in-kind
  993  contributions.
  994         (b) The degree to which the project stimulates in-state
  995  capital investment and economic development in metropolitan and
  996  rural areas, including the creation of jobs and the future
  997  development of a commercial market for renewable energy
  998  technologies.
  999         (c) The extent to which the proposed project has been
 1000  demonstrated to be technically feasible based on pilot project
 1001  demonstrations, laboratory testing, scientific modeling, or
 1002  engineering or chemical theory that supports the proposal.
 1003         (d) The degree to which the project incorporates an
 1004  innovative new technology or an innovative application of an
 1005  existing technology.
 1006         (e) The degree to which a project generates thermal,
 1007  mechanical, or electrical energy by means of a renewable energy
 1008  resource that has substantial long-term production potential.
 1009         (f) The degree to which a project demonstrates efficient
 1010  use of energy and material resources.
 1011         (g) The degree to which the project fosters overall
 1012  understanding and appreciation of renewable energy technologies.
 1013         (h) The ability to administer a complete project.
 1014         (i) Project duration and timeline for expenditures.
 1015         (j) The geographic area in which the project is to be
 1016  conducted in relation to other projects.
 1017         (k) The degree of public visibility and interaction.
 1018         (5) The department commission shall solicit the expertise
 1019  of state agencies, Enterprise Florida, Inc., and state
 1020  universities, and may solicit the expertise of other public and
 1021  private entities it deems appropriate, in evaluating project
 1022  proposals. State agencies shall cooperate with the department
 1023  commission and provide such assistance as requested.
 1024         (6) The commission shall coordinate and actively consult
 1025  with the Department of Agriculture and Consumer Services during
 1026  the review and approval process of grants relating to bioenergy
 1027  projects for renewable energy technology. Factors for
 1028  consideration in awarding grants relating to bioenergy projects
 1029  may include, but are not limited to, the degree to which:
 1030         (a) The project stimulates in-state capital investment and
 1031  economic development in metropolitan and rural areas, including
 1032  the creation of jobs and the future development of a commercial
 1033  market for bioenergy.
 1034         (b) The project produces bioenergy from Florida-grown crops
 1035  or biomass.
 1036         (c) The project demonstrates efficient use of energy and
 1037  material resources.
 1038         (d) The project fosters overall understanding and
 1039  appreciation of bioenergy technologies.
 1040         (e) Matching funds and in-kind contributions from an
 1041  applicant are available.
 1042         (f) The project duration and the timeline for expenditures
 1043  are acceptable.
 1044         (g) The project has a reasonable assurance of enhancing the
 1045  value of agricultural products or will expand agribusiness in
 1046  the state.
 1047         (h) Preliminary market and feasibility research has been
 1048  conducted by the applicant or others and shows there is a
 1049  reasonable assurance of a potential market.
 1050         Section 21. Subsections (1), (6), and (7) of section
 1051  377.806, Florida Statutes, are amended to read:
 1052         377.806 Solar Energy System Incentives Program.—
 1053         (1) PURPOSE.—The Solar Energy System Incentives Program is
 1054  established within the Department of Agriculture and Consumer
 1055  Services commission to provide financial incentives for the
 1056  purchase and installation of solar energy systems. Any resident
 1057  of the state who purchases and installs a new solar energy
 1058  system of 2 kilowatts or larger for a solar photovoltaic system,
 1059  a solar energy system that provides at least 50 percent of a
 1060  building’s hot water consumption for a solar thermal system, or
 1061  a solar thermal pool heater, from July 1, 2006, through June 30,
 1062  2010, is eligible for a rebate on a portion of the purchase
 1063  price of that solar energy system.
 1064         (6) REBATE AVAILABILITY.—The department commission shall
 1065  determine and publish on a regular basis the amount of rebate
 1066  funds remaining in each fiscal year. The total dollar amount of
 1067  all rebates issued is subject to the total amount of
 1068  appropriations in any fiscal year for this program. If funds are
 1069  insufficient during the current fiscal year, any requests for
 1070  rebates received during that fiscal year may be processed during
 1071  the following fiscal year. Requests for rebates received in a
 1072  fiscal year that are processed during the following fiscal year
 1073  shall be given priority over requests for rebates received
 1074  during the following fiscal year.
 1075         (7) RULES.—The department commission shall adopt rules
 1076  pursuant to ss. 120.536(1) and 120.54 to develop rebate
 1077  applications and administer the issuance of rebates.
 1078         Section 22. Section 377.807, Florida Statutes, is amended
 1079  to read:
 1080         377.807 Energy-efficient appliance rebate program.—
 1081         (1) The department may Florida Energy and Climate
 1082  Commission is authorized to develop and administer a consumer
 1083  rebate program for residential energy-efficient appliances,
 1084  consistent with 42 U.S.C. s. 15821 and any federal agency
 1085  guidance or regulations issued in furtherance of federal law.
 1086         (2) The department commission may adopt rules pursuant to
 1087  ss. 120.536(1) and 120.54 designating eligible appliances,
 1088  rebate amounts, and the administration of the issuance of
 1089  rebates. The rules shall be consistent with 42 U.S.C. s. 15821
 1090  and any subsequent implementing federal regulations or guidance.
 1091         (3) The department may commission is authorized to enter
 1092  into contracts or memoranda of agreement with other agencies of
 1093  the state, public-private partnerships, or other arrangements
 1094  such that the most efficient means of administering consumer
 1095  rebates can be achieved.
 1096         Section 23. Subsections (2) through (5) of section 377.808,
 1097  Florida Statutes, are amended to read:
 1098         377.808 Florida Green Government Grants Act.—
 1099         (2) The department Florida Energy and Climate Commission
 1100  shall use funds specifically appropriated to award grants under
 1101  this section to assist local governments, including
 1102  municipalities, counties, and school districts, in the
 1103  development and implementation of programs that achieve green
 1104  standards. Green standards shall be determined by the department
 1105  commission and shall provide for cost-efficient solutions,
 1106  reducing greenhouse gas emissions, improving quality of life,
 1107  and strengthening the state’s economy.
 1108         (3) The department commission shall adopt rules pursuant to
 1109  chapter 120 to administer the grants provided for in this
 1110  section. In accordance with the rules adopted by the department
 1111  commission under this section, the department commission may
 1112  provide grants from funds specifically appropriated for this
 1113  purpose to local governments for the costs of achieving green
 1114  standards, including necessary administrative expenses. The
 1115  rules of the department commission shall:
 1116         (a) Designate one or more suitable green government
 1117  standards frameworks from which local governments may develop a
 1118  greening government initiative and from which projects may be
 1119  eligible for funding pursuant to this section.
 1120         (b) Require that projects that plan, design, construct,
 1121  upgrade, or replace facilities reduce greenhouse gas emissions
 1122  and be cost-effective, environmentally sound, permittable, and
 1123  implementable.
 1124         (c) Require local governments to match state funds with
 1125  direct project cost sharing or in-kind services.
 1126         (d) Provide for a scale of matching requirements for local
 1127  governments on the basis of population in order to assist rural
 1128  and undeveloped areas of the state with any financial burden of
 1129  addressing climate change impacts.
 1130         (e) Require grant applications to be submitted on
 1131  appropriate forms developed and adopted by the department
 1132  commission with appropriate supporting documentation and require
 1133  records to be maintained.
 1134         (f) Establish a system to determine the relative priority
 1135  of grant applications. The system shall consider greenhouse gas
 1136  reductions, energy savings and efficiencies, and proven
 1137  technologies.
 1138         (g) Establish requirements for competitive procurement of
 1139  engineering and construction services, materials, and equipment.
 1140         (h) Provide for termination of grants when program
 1141  requirements are not met.
 1142         (4) Each local government is limited to not more than two
 1143  grant applications during each application period announced by
 1144  the department commission. However, a local government may not
 1145  have more than three active projects expending grant funds
 1146  during any state fiscal year.
 1147         (5) The department commission shall perform an adequate
 1148  overview of each grant, which may include technical review, site
 1149  inspections, disbursement approvals, and auditing to
 1150  successfully implement this section.
 1151         Section 24. Subsection (1) of section 377.809, Florida
 1152  Statutes, is amended to read:
 1153         377.809 Energy Economic Zone Pilot Program.—
 1154         (1) The Department of Community Affairs, in consultation
 1155  with the Department of Transportation, shall implement an Energy
 1156  Economic Zone Pilot Program for the purpose of developing a
 1157  model to help communities cultivate green economic development,
 1158  encourage renewable electric energy generation, manufacture
 1159  products that contribute to energy conservation and green jobs,
 1160  and further implement chapter 2008-191, Laws of Florida,
 1161  relative to discouraging sprawl and developing energy-efficient
 1162  land use patterns and greenhouse gas reduction strategies. The
 1163  Office of Tourism, Trade, and Economic Development and the
 1164  Department of Agriculture and Consumer Services Florida Energy
 1165  and Climate Commission shall provide technical assistance to the
 1166  departments in developing and administering the program.
 1167         Section 25. Subsections (3) and (6) of section 403.44,
 1168  Florida Statutes, are amended to read:
 1169         403.44 Florida Climate Protection Act.—
 1170         (3) The department may adopt rules for a cap-and-trade
 1171  regulatory program to reduce greenhouse gas emissions from major
 1172  emitters. When developing the rules, the department shall
 1173  consult with the Department of Agriculture and Consumer Services
 1174  Florida Energy and Climate Commission and the Florida Public
 1175  Service Commission and may consult with the Governor’s Action
 1176  Team for Energy and Climate Change. The department shall not
 1177  adopt rules until after January 1, 2010. The rules shall not
 1178  become effective until ratified by the Legislature.
 1179         (6) Recognizing that the international, national, and
 1180  neighboring state policies and the science of climate change
 1181  will evolve, prior to submitting the proposed rules to the
 1182  Legislature for consideration, the department shall submit the
 1183  proposed rules to the Department of Agriculture and Consumer
 1184  Services Florida Energy and Climate Commission, which shall
 1185  review the proposed rules and submit a report to the Governor,
 1186  the President of the Senate, the Speaker of the House of
 1187  Representatives, and the department. The report shall address:
 1188         (a) The overall cost-effectiveness of the proposed cap-and
 1189  trade system in combination with other policies and measures in
 1190  meeting statewide targets.
 1191         (b) The administrative burden to the state of implementing,
 1192  monitoring, and enforcing the program.
 1193         (c) The administrative burden on entities covered under the
 1194  cap.
 1195         (d) The impacts on electricity prices for consumers.
 1196         (e) The specific benefits to the state’s economy for early
 1197  adoption of a cap-and-trade system for greenhouse gases in the
 1198  context of federal climate change legislation and the
 1199  development of new international compacts.
 1200         (f) The specific benefits to the state’s economy associated
 1201  with the creation and sale of emissions offsets from economic
 1202  sectors outside of the emissions cap.
 1203         (g) The potential effects on leakage if economic activity
 1204  relocates out of the state.
 1205         (h) The effectiveness of the combination of measures in
 1206  meeting identified targets.
 1207         (i) The economic implications for near-term periods of
 1208  short-term and long-term targets specified in the overall
 1209  policy.
 1210         (j) The overall costs and benefits of a cap-and-trade
 1211  system to the economy of the state.
 1212         (k) The impacts on low-income consumers that result from
 1213  energy price increases.
 1214         (l) The consistency of the program with other state and
 1215  possible federal efforts.
 1216         (m) The evaluation of the conditions under which the state
 1217  should consider linking its trading system to the systems of
 1218  other states or other countries and how that might be affected
 1219  by the potential inclusion in the rule of a safety valve.
 1220         (n) The timing and changes in the external environment,
 1221  such as proposals by other states or implementation of a federal
 1222  program that would spur reevaluation of the Florida program.
 1223         (o) The conditions and options for eliminating the Florida
 1224  program if a federal program were to supplant it.
 1225         (p) The need for a regular reevaluation of the progress of
 1226  other emitting regions of the country and of the world, and
 1227  whether other regions are abating emissions in a commensurate
 1228  manner.
 1229         (q) The desirability of and possibilities of broadening the
 1230  scope of the state’s cap-and-trade system at a later date to
 1231  include more emitting activities as well as sinks in Florida,
 1232  the conditions that would need to be met to do so, and how the
 1233  program would encourage these conditions to be met, including
 1234  developing monitoring and measuring techniques for land use
 1235  emissions and sinks, regulating sources upstream, and other
 1236  considerations.
 1237         Section 26. Section 526.207, Florida Statutes, is amended
 1238  to read:
 1239         526.207 Studies and reports.—
 1240         (1) The Department of Agriculture and Consumer Services
 1241  Florida Energy and Climate Commission shall conduct a study to
 1242  evaluate and recommend the life-cycle greenhouse gas emissions
 1243  associated with all renewable fuels, including, but not limited
 1244  to, biodiesel, renewable diesel, biobutanol, and ethanol derived
 1245  from any source. In addition, the department commission shall
 1246  evaluate and recommend a requirement that all renewable fuels
 1247  introduced into commerce in the state, as a result of the
 1248  renewable fuel standard, shall reduce the life-cycle greenhouse
 1249  gas emissions by an average percentage. The department
 1250  commission may also evaluate and recommend any benefits
 1251  associated with the creation, banking, transfer, and sale of
 1252  credits among fuel refiners, blenders, and importers.
 1253         (2) The Department of Agriculture and Consumer Services
 1254  Florida Energy and Climate Commission shall submit a report
 1255  containing specific recommendations to the President of the
 1256  Senate and the Speaker of the House of Representatives no later
 1257  than December 31, 2010.
 1258         Section 27. Section 570.074, Florida Statutes, is amended
 1259  to read:
 1260         570.074 Department of Agriculture and Consumer Services;
 1261  energy and water policy coordination.—The commissioner may
 1262  create an Office of Energy and Water Coordination under the
 1263  supervision of a senior manager exempt under s. 110.205 in the
 1264  Senior Management Service. The commissioner may designate the
 1265  bureaus and positions in the various organizational divisions of
 1266  the department that report to this office relating to any matter
 1267  over which the department has jurisdiction in matters relating
 1268  to energy and water policy affecting agriculture, application of
 1269  such policies, and coordination of such matters with state and
 1270  federal agencies.
 1271         Section 28. Subsection (3) of section 570.954, Florida
 1272  Statutes, is amended to read:
 1273         570.954 Farm-to-fuel initiative.—
 1274         (3) The department shall coordinate with and solicit the
 1275  expertise of the state energy office within the Department of
 1276  Environmental Protection when developing and implementing this
 1277  initiative.
 1278         Section 29. Subsections (5), (11), (12), and (13) of
 1279  section 1004.648, Florida Statutes, are amended to read:
 1280         1004.648 Florida Energy Systems Consortium.—
 1281         (5) The director, whose office is shall be located at the
 1282  University of Florida, shall report to the Department of
 1283  Agriculture and Consumer Services Florida Energy and Climate
 1284  Commission created pursuant to s. 377.6015.
 1285         (11) The oversight board, in consultation with the
 1286  Department of Agriculture and Consumer Services Florida Energy
 1287  and Climate Commission, shall ensure that the consortium:
 1288         (a) Maintains accurate records of any funds received by the
 1289  consortium.
 1290         (b) Meets financial and technical performance expectations,
 1291  which may include external technical reviews as required.
 1292         (12) The steering committee shall consist of the university
 1293  representatives included in the Centers of Excellence proposals
 1294  for the Florida Energy Systems Consortium and the Center of
 1295  Excellence in Ocean Energy Technology-Phase II which were
 1296  reviewed during the 2007-2008 fiscal year by the Florida
 1297  Technology, Research, and Scholarship Board created in s.
 1298  1004.226(4); a university representative appointed by the
 1299  President of Florida International University; and a
 1300  representative of the Department of Agriculture and Consumer
 1301  Services Florida Energy and Climate Commission. The steering
 1302  committee is shall be responsible for establishing and ensuring
 1303  the success of the consortium’s mission under subsection (9).
 1304         (13) By November 1 of each year, the consortium shall
 1305  submit an annual report to the Governor, the President of the
 1306  Senate, the Speaker of the House of Representatives, and the
 1307  Department of Agriculture and Consumer Services Florida Energy
 1308  and Climate Commission regarding its activities, including, but
 1309  not limited to, education and research related to, and the
 1310  development and deployment of, alternative energy technologies.
 1311         Section 30. Sections 1 and 2 of chapter 2010-282, Laws of
 1312  Florida, are amended to read:
 1313         Section 1. (1) As provided in this section and section 2, a
 1314  portion of the total amount appropriated in this act shall be
 1315  used utilized by the Department of Agriculture and Consumer
 1316  Services Florida Energy and Climate Commission to pay rebates to
 1317  eligible applicants who submit an application pursuant to the
 1318  Florida ENERGY STAR Residential HVAC Rebate Program administered
 1319  by the department commission, as approved by the United States
 1320  Department of Energy. An applicant is eligible for a rebate
 1321  under this section if:
 1322         (a) A complete application is submitted to the department
 1323  commission on or before November 30, 2010.
 1324         (b) The central air conditioner, air source heat pump, or
 1325  geothermal heat pump system replacement for which the applicant
 1326  is seeking a rebate was purchased from or contracted for
 1327  purchase with a Florida-licensed contractor after August 29,
 1328  2010, but before September 15, 2010, and fully installed prior
 1329  to submission of the application for a rebate.
 1330         (c) The department commission determines that the
 1331  application complies with this section and any existing
 1332  agreement with the United States Department of Energy governing
 1333  the Florida ENERGY STAR Residential HVAC Rebate Program.
 1334         (d) The applicant provides the following information to the
 1335  department commission on or before November 30, 2010:
 1336         1.a. A copy of the sales receipt indicating a date of
 1337  purchase after August 29, 2010, but before September 15, 2010,
 1338  with the make and model number identified and circled along with
 1339  the name and address of the Florida-licensed contractor who
 1340  installed the system; or
 1341         b. A copy of the contract for the purchase and installation
 1342  of the system indicating a contract date after August 29, 2010,
 1343  but before September 15, 2010, and a copy of the sales receipt
 1344  indicating a date of purchase after August 29, 2010, but on or
 1345  before November 30, 2010, with the make and model number
 1346  identified and circled along with the name and address of the
 1347  Florida-licensed contractor who installed the system.
 1348         2. A copy of the mechanical building permit issued by the
 1349  county or municipality and pulled by the Florida-licensed
 1350  contractor who installed the system for the residence.
 1351         3. A copy of the Air Distribution System Test Report
 1352  results from a Florida-certified Class 1 energy gauge rater, a
 1353  Florida-licensed mechanical contractor, or a recognized test and
 1354  balance agent. The results from the test must indicate the home
 1355  has no more than 15 percent leakage to the outside as measured
 1356  by 0.10 Qn.out or less.
 1357         4. A copy of the summary of the Manual J program completed
 1358  for the residence to indicate that the proper methodology for
 1359  sizing the new system was completed.
 1360         (2) The Department of Agriculture and Consumer Services
 1361  Florida Energy and Climate Commission shall pay a $1,500 rebate
 1362  to each consumer who submits an application pursuant to the
 1363  Florida ENERGY STAR Residential HVAC Rebate Program if the
 1364  application is approved by the department commission in
 1365  accordance with this act. The department commission shall pay
 1366  all rebates authorized in this section prior to paying any
 1367  rebates authorized in section 2.
 1368         Section 2. Notwithstanding s. 377.806(6), Florida Statutes,
 1369  the Department of Agriculture and Consumer Services Florida
 1370  Energy and Climate Commission shall utilize up to $28,902,623,
 1371  less any amount in excess of $2,467,244 used to pay rebates
 1372  pursuant to section 1, to pay a percentage of each unpaid and
 1373  approved rebate application submitted pursuant to the Solar
 1374  Energy System Incentives Program established in s. 377.806,
 1375  Florida Statutes. An applicant is eligible for a rebate under
 1376  this section if the application submitted complies with s.
 1377  377.806, Florida Statutes. The percentage of each approved
 1378  rebate to be paid shall be derived by dividing the remaining
 1379  appropriation by the total dollar value of the backlog of final
 1380  approved solar rebates, pursuant to the authorized limits
 1381  provided in s. 377.806, Florida Statutes.
 1382         Section 31. For the 2011-2012 fiscal year only,
 1383  notwithstanding s. 216.181(2)(b), Florida Statutes, the
 1384  Department of Agriculture may submit an amendment to the
 1385  Legislative Budget Commission for increased budget authority for
 1386  a fixed capital outlay appropriation for federal energy grants.
 1387  Any such amendment is subject to the review and notice
 1388  procedures provided in s. 216.177, Florida Statutes.
 1389         Section 32. This act shall take effect July 1, 2011.